A providência cautelar de suspensão de deliberações sociais

: o abuso do efeito suspensivo da citação

Abstract

The present dissertation deals with the regime of precautionary suspension of social deliberations, in particular, the abuse of the suspensive effect of the summons by the partners. After a brief analysis of the historical evolution of the institute, the various characteristics and assumptions necessary for this specified precautionary procedure and the consequent doctrinal divisions they cause are dissected. Therefore, it is questioned the fact that both the doctrine and the jurisprudence, from the creation of this institute to the present, has not been able to obtain a unanimous solution that prevents the abusive effects that the citation in the precautionary measure of suspension of social deliberations may cause to society. In this sense, the object of this dissertation is the analysis of the different proposed solutions and the reflection on what is the best possible answer that can safeguard the partners if they want to make use of this prerogative, and, at the same time, protect the companies from the effects that the abuse of this individual right may have consummate.

Date of Award	9 Feb 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Armando Triunfante (Supervisor)